N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-4.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5-4.2 - Certification required

(a)Certification required.

(1) Sections 5-4.1 through 5-4.8 of this Subpart shall be applicable to all CWS and NTNC, provided the system serves 15 or more service connections or serves 25 or more persons.

(2) Owners of all CWS and NTNC are required to place the direct supervision of their water system, including each treatment plant and/or the distribution system, under the responsible charge of a water treatment operator(s) holding a valid certification equal to or greater than that required for the classification of the treatment plant and/or distribution system as set forth in Table 5-4.2 of this section. (Population figures will be based on an average of four residents per dwelling unit, unless otherwise demonstrated by the supplier of water.) The owner is required to indicate to the State, within three months of the effective date of this regulation, who the operator(s) in responsible charge is for their facility. If this designation changes, the owner is required to submit written notification to the State within a period not to exceed one month with the information regarding the new operator(s) in responsible charge.

(3) All operating personnel making process control/system integrity decisions about water quality or quantity that effect public health must be appropriately certified as set forth below and be under the direction of an operator in responsible charge.

Table 5-4.2-Plant Classification/Operator Requirements- All water treatment processes must be in accordance with the acceptable methods of treatment outlined in sections 5-1.22 and 5-1.30 of this Part.

Plant type	System complexity	System classification	Required minimum grade operator Assistant operator
Water treatment plant with facilities for filtration which is designed to treat over 2.5 MGD (million gallons per day)	Surface water or ground water systems under the direct influence of surface water that provides filtration.	IA	IA IIA
Water treatment plant with facilities for filtration which is designed to treat 2.5 MGD or less	Surface water or ground water systems under the direct influence of surface water that provides filtration.	IIA	IIA IIA
Water treatment plant which is designed to treat over 2.5 MGD	Ground water (excluding ground water under the direct influence of surface water) or surface water systems with filtration avoidance without facilities for clarification.	IB	IB IIB
Water treatment plant which is designed to treat 2.5 MGD or less	Ground water (excluding ground water under the direct influence of surface water) or surface water systems with filtration avoidance without facilities for clarification.	IIB	IIB C
Water treatment plant and/or distribution system that is designed to serve 1,000 people or less	Systems with facilities for basic treatment (including bag, cartridge, pressure and/or other basic filtration as outlined in sections 5-1.22 and 5-1.30 of this Part), and/or pressure zones, booster stations, storage tanks, fire protection, disinfection, non-residential consumers, cross-connection potential, demand variations, etc.	C	C none required
Distribution system serving greater than 1,000 people and/or purchasing water system.	Pressure zones, booster stations, storage tanks, fire protection, disinfection, non-residential consumers, cross-connection potential, demand variations, etc.	D	D none required

(4) A designated certified operator must be available during plant operation.

(5) The only grades certified to operate distribution systems are grade C for a distribution system that serves 1,000 people or less and grade D for distribution systems that serve greater than 1,000 people and/or purchasing water systems with responsibility for distribution of water only.

(b)Certification procedures.

(1) Any person seeking certification shall submit an application on a form prescribed by the department including all of the information outlined in section 5-4.3 of this Subpart. Upon approval, the department will issue a certificate that specifies the operator grade consistent with the operator's qualifications as outlined in Table 5-4.3 of this Subpart.

(2) Certificates shall be valid for a period of three years unless revoked by the department prior to that time.

(3) Upon issuance of a certificate, the certified operator must inform the department, within 30 days, of any changes in address or employment.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-4.2